The conservancy shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this division, including, but not limited to, the rights and powers expressly set forth in this division.
Chapter 2Powers and Duties
Section § 33600
This section grants the conservancy the authority to use any rights and powers they need to fulfill their goals and purposes. These include both explicitly stated powers and any implied ones.
conservancy authority implied powers expressed powers rights and powers purposeful actions division intent goal fulfillment authority to act conservancy rights execute division purposes
Section § 33601
This law outlines the powers of the conservancy, allowing it to: take legal action, manage staffing, and hire an executive director who is not part of the civil service. The conservancy can also hire additional staff as needed and use contracts to get expertise its staff lacks. Furthermore, it can make agreements with both public and private entities to fulfill its duties. Additionally, it is authorized to award grants to certain qualified organizations, like cities, counties, and nonprofits, that further the conservancy's goals.
The conservancy may do all of the following:
(a)CA Public Resources Code § 33601(a) Sue and be sued.
(b)CA Public Resources Code § 33601(b) Determine the qualifications of, recommend the salary of, and appoint, an executive director who shall be exempt from civil service and serve at the pleasure of the conservancy. In addition, the conservancy may employ other staff pursuant to the State Civil Service Act and as may be authorized in the annual state Budget Act.
(c)CA Public Resources Code § 33601(c) Enter into contracts pursuant to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, for services requiring knowledge, experience, and ability not possessed by the conservancy’s staff.
(d)CA Public Resources Code § 33601(d) Enter into other agreements with public agencies, private entities, and persons necessary for the proper discharge of the conservancy’s duties.
(e)CA Public Resources Code § 33601(e) In order to further the conservancy’s purposes as set forth in Section 33501, award grants to cities, counties, resource conservation districts, or nonprofit organizations that are described in paragraph (2) of subdivision (f) of Section 33702 and that are qualified as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 501(c)(3)).
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Section § 33602
This law allows the conservancy, which manages protected lands, to create rules about how the public can use their lands. These rules must align with the goals of protecting, improving, or restoring the lands. If someone breaks these rules, it is considered a misdemeanor that could result in a fine up to $1,000, jail time up to six months, or both. Half of any fine collected goes back to the conservancy to support its activities.
The conservancy may adopt regulations governing the use by the public of conservancy lands and provide for their enforcement. Any regulation shall authorize only those uses of conservancy lands that are consistent with the protection, enhancement, or restoration of those lands and the resource values specified in Section 33500. The violation of any regulation is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both that fine and imprisonment. One-half of the amount of any fine collected shall be remitted to the conservancy for expenditure, upon appropriation, for carrying out the purposes of this division.
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Section § 33603
This law allows the conservancy to offer services and build facilities that help reduce human harm and improve public enjoyment on conservancy lands. Any improvement should align with the conservancy's goals as described in another specific section.
The conservancy may provide interpretive services and facilities and make the minimal improvements necessary to negate the deleterious influence of man on, and to facilitate the public’s enjoyment of, and to enhance the public’s recreational and educational experiences on, conservancy lands. No improvement shall be undertaken unless it is in furtherance of the conservancy’s purposes, as set forth in Section 33501.
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Section § 33604
This law states that if the conservancy spends more than a certain amount specified in another part of the law, they must follow specific procedures related to public contracts. However, if the spending is for buying land as part of a specific section, these rules don't apply.
Any expenditure by the conservancy that exceeds the amount specified in Section 20162 of the Public Contract Code, except expenditures for the acquisition of land for the purposes of Section 33501, shall be subject to the requirements of Article 4 (commencing with Section 20160) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code.
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Section § 33605
This section allows the conservancy to receive various forms of support like money, grants, goods, and gifts from any public or private source for its lawful activities. Any gift of personal property must be approved by the Director of Finance unless they disapprove it within 60 days after being notified by the conservancy's executive director.
The conservancy may accept any revenue, money, grants, fees, rents, royalties, goods, services, donations, bequests, or gifts of any interest in real property from any public agency, private entity, or person for any lawful purpose of the conservancy subject to the requirements of Sections 11005 to 11005.7, inclusive, of the Government Code. A gift of personal property that is subject to the requirements of Sections 11005 and 11005.1 of the Government Code shall be deemed approved by the Director of Finance, unless it is disapproved within 60 days of receipt of a request from the executive director of the conservancy to approve the gift.
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